Cyber Law: What You Need to Know

The growing use of the internet in the last decade of the 20th century gave rise to a new area of law that has since come to be known as "Cyber Law."

As the digital landscape rapidly evolved, new legislation and regulations were needed to protect the rights and interests of individuals and organizations going online and to promote the secure and responsible use of the technology that enables electronic communications. Today, cyber law addresses a wide range of issues, from privacy and intellectual property to cybersecurity and freedom of expression in the digital age.

Why Did Cyber Law Become Necessary?

As technology and electronic communications developed, it became clear that the legal framework existing at the dawn of the digital age would not be adequate to ensure a secure, fair, and inclusive internet for all users. The laws, regulations and legal precedents that encompass what is now called cyber law seek to address:

• Privacy and Data Protection
  As individuals and organizations began to share vast amounts of personal and sensitive information online, laws were required to protect privacy and regulate the collection, storage, and use of data.
• Intellectual Property Protection
  The internet has made it easier to reproduce and distribute intellectual property such as music, movies, software, and written content. As a result, laws related to copyright infringement, piracy, and the protection of intellectual property online needed to be updated to reflect the new reality.
• Cybersecurity and Cybercrime
  With the rise of cyberattacks, hacking, and online fraud, cyber law helped define and enforce rules related to cybersecurity and to prosecute cybercriminals.
• E-Commerce and Online Contracts
  As online commerce grew, it became crucial to establish new rules for online contracts, electronic signatures, consumer protection, and dispute resolution for e-commerce transactions.
• Freedom of Expression and Speech
  The internet expanded the ability of individuals to express their views, but it also raised questions about the limits of free speech and the regulation of hate speech, defamation, and other harmful online content.
• Internet Governance
  Cyber law has been central to establishing frameworks for governing the internet, including domain name management, internet standards, and regulation of internet service providers.
• Liability and Responsibility
  Cyber law has been instrumental in defining responsibilities and liabilities for various actors, including online platforms, content creators, and users.
• Law Enforcement and International Cooperation
  Cyber law has had a role in facilitating cooperation among law enforcement agencies across borders to combat cybercrime and enforce cyber-related laws.

Types of Cybercrime Addressed by Cyber Law

While the internet and other digital forms of communication have been beneficial in many ways, their emergence also offered criminals multiple new avenues for targeting and defrauding unsuspecting individuals, businesses, and organizations. Thus a significant percentage of the statutes and regulations related to cyber law address these various cybercrimes, including:

• Phishing
  Phishing involves sending deceptive emails or messages that appear to be from legitimate sources but are designed to trick recipients into revealing personal information, such as login credentials or credit card numbers.
• Ransomware
  Ransomware is malicious software that encrypts a victim's data, rendering it inaccessible until a ransom is paid to the attacker.
• Identity Theft
  Cybercriminals steal personal information, such as Social Security numbers or credit card details, to impersonate victims or commit financial fraud. This information is often obtained through data breaches or phishing attacks.
• Hacking
  Hackers illegally access computer systems or networks intending to steal data, disrupt operations, or carry out other malicious activities.
• Cyberbullying
  Harassing, intimidating, cyberstalking or threatening others online, typically through social media or messaging platforms, are frequent targets of cyber law.
• Online Scams
  Various online scams, such as the infamous "Nigerian Prince," deceive victims into sending money or providing personal information.
• Distributed Denial of Service (DDoS) Attacks
  In a DDoS attack, multiple compromised computers flood a target website or network with traffic, causing it to become slow or unavailable. These attacks can disrupt online services and are often used to extort or sabotage.
• Child Exploitation
  The production, distribution, or possession of child pornography is a serious cybercrime. Law enforcement agencies worldwide work to combat child exploitation on the internet.
• Insider Threats
  Employees or individuals with access to sensitive information may misuse their privileges for personal gain or malicious purposes, such as stealing company secrets or customer data.
• Online Drug Trafficking
  Some individuals use the dark web and cryptocurrencies to facilitate illegal drug trade and distribution.
• Cyber Espionage
  State-sponsored or corporate entities may engage in cyber espionage to steal sensitive information, trade secrets, or intellectual property from rival organizations or governments.
  

Key U.S. Cyber Law Statutes

In the United States, multiple federal statutes have been enacted to address cybercrimes and a wide range of cyber-related activities, from computer hacking and fraud to online harassment and intellectual property theft. Some of these key laws Include:

Computer Fraud and Abuse Act (CFAA) (18 U.S.C. § 1030)

Enacted in 1986 as an amendment to the first federal computer fraud law, the CFAA initially addressed hacking but has since been amended multiple times to address a broader range of conduct. The Act prohibits intentionally accessing a computer without authorization or in excess of authorization. However, because the CFAA fails to define precisely what "without authorization" means, civil libertarians assert that it could be used to criminalize nearly every aspect of computer activity, even those that most people consider innocuous.

Identity Theft and Assumption Deterrence Act (18 U.S.C. § 1028)

Enacted in 1998, the Identity Theft and Assumption Deterrence Act prohibits anyone from misusing another person's identifying information, whether personal or financial, including:

• Social Security numbers
• Credit card information
• Bank account information
• PIN numbers
• Driver's license numbers
• Birth or death certificates

In 2004, the Act was amended to establish the offense of aggravated identity theft, which involves using another's information in connection with certain federal crimes or in relation to an act of terrorism.

Digital Millennium Copyright Act (DMCA)

Passed in 1998, the DMCA amended U.S. copyright law to address the relationship between copyright and the internet by:

1. Establishing protections for online service providers in the event their users engage in copyright infringement.
2. Encouraging copyright owners to give greater access to their works in digital formats by providing them with legal protections against unauthorized access.
3. Making it unlawful to provide false copyright management information or to remove or alter that type of information in certain circumstances.
   

Child Online Privacy Protection Act (COPPA)

COPPA aims to protect the privacy of children under the age of 13 by requiring that website owners: 

• Incorporate a detailed privacy policy detailing information collected from its users.
• Acquire verifiable parental consent before collection of personal information from a child under the age of 13.
• Disclose to parents any information collected on their children by the website.
• Allow parents to revoke consent and have information deleted at any time.
• Limit collection of personal information when a child participates in online games and contests.
• Protect the confidentiality, security, and integrity of any personal information collected online from children.
  

International Cyber Law

Cyber law, cybercrime, and the regulation of cyber-related activities have also been addressed internationally through various means, including treaties, conventions, agreements, and collaborative efforts among countries and international organizations. Some of the most notable examples include:

The Budapest Convention on Cybercrime

Also known as the Convention on Cybercrime or the Budapest Convention, this treaty was adopted by the Council of Europe in 2001. It is also open for accession to non-European countries. It addresses various forms of cybercrime, including computer-related offenses, data breaches, and content-related offenses. Many countries have become parties to this convention, allowing for international cooperation in combating cybercrime.

African Union Convention on Cybersecurity and Personal Data Protection

Adopted in 2014, the Convention focuses on promoting cybersecurity and personal data protection in Africa. It aims to facilitate cooperation among African countries in addressing cybercrime and enhancing cyber resilience.

Commonwealth Model Law on Computer and Computer-Related Crime 

The Commonwealth Secretariat developed the Model Law to provide guidance to member states in harmonizing their national legislation related to computer and computer-related crimes.

Organization of American States (OAS) Cybercrime Convention

While not a binding treaty like the Budapest Convention, the OAS has developed a framework for addressing cybercrime in the Americas,  including the Inter-American Cooperation Portal on Cybercrime.

The Elements of a Cybersecurity Policy

While they may serve as a deterrent, laws and regulations that seek to thwart cybercrime won't prevent every hack or ransomware attack. Therefore, it's essential that companies and organizations establish comprehensive cybersecurity policies for safeguarding digital assets and ensuring the confidentiality, integrity, and availability of all data and systems.

At a minimum, a cybersecurity policy should cover:

• Roles and Responsibilities
  Define key roles and responsibilities related to cybersecurity within the organization.
• Access Controls
  Specify access control principles, strong password requirements, and multi-factor authentication requirements and methods.
• Data Classification and Handling
  Establish a data classification system and describe how sensitive data should be handled, stored, and transmitted.
• Incident Reporting and Response
  Outline the process for reporting cybersecurity incidents and the steps to be taken during incident response.
• Security Awareness and Training
  Describe the organization's security awareness program and encourage employees to stay informed about cybersecurity threats and best practices.
• Network Security
  Address network security measures, including firewalls, intrusion detection systems, and network segmentation.
• Endpoint Security
  Define requirements for securing endpoint devices and antivirus/anti-malware software.
• Data Backup and Recovery
  Outline data backup and recovery procedures, including regular backups and disaster recovery planning.
• Vendor and Third-Party Security
  Establish guidelines for assessing and monitoring third-party cybersecurity practices and include relevant contract clauses.
• Compliance and Legal Requirements
  Ensure alignment with relevant industry-specific regulations and legal requirements.
• Monitoring and Auditing
  Describe the organization's monitoring and auditing procedures for detecting security incidents and policy violations.
• Policy Review and Updates
  Specify a schedule for policy review and updates to ensure relevance and effectiveness.
• Security Incident Communication
  Outline communication protocols for notifying employees, customers, and authorities in the event of a data breach or cybersecurity incident.

Cyber Law FAQ

If you need assistance with a cybersecurity policy, compliance, or another matter related to cyber law, Axiom can help. Axiom offers access to the world's deepest bench of on-demand legal talent.

Our bench includes hundreds of data privacy and cybersecurity lawyers with extensive experience handling issues related to cybercrime and data security.

Explore our network of attorneys or contact us to find an experienced cybersecurity lawyer.

Axiom is not a law firm and does not provide legal advice. Our clients' legal teams supervise the legal work of the Axiom lawyer.

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